Legal Opinion

United States of America Ex Rel. Howard Charles Lipsitz v. Major General Gines Perez, Commanding General, Fort Jackson, South Carolina

Court of Appeals for the Fourth Circuit

Decided January 27, 1967No. 11074PublishedCited by 9 opinions

1Per curiam

Appellant, an inductee into the United States Army, seeks reversal of an order dismissing his application for a writ of habeas corpus, in which appellant sought his release from the Army on the ground that he was illegally ordered for induction by his local Selective Service Board.

A temporary injunction restraining ap-pellee, Major General Perez, from transferring appellant from Fort Jackson, South Carolina pending a hearing of this appeal was entered by this Court on November 23, 1966.

Appellant’s claim of illegality in his induction is founded upon 32 C.F.R. §§ 1627.5 and 1627.8, which…

2Cases cited5 opinions

  1. Martin v. United StatesCourt of Appeals for the Fourth Circuit · 1951
  2. United States v. Lloyd Odin LawsonCourt of Appeals for the Third Circuit · 1964
  3. Harold Glenn Pate v. United StatesCourt of Appeals for the Fifth Circuit · 1957
  4. United States v. Frank Mekolichick, Jr., United States of America v. David Charles WennerCourt of Appeals for the Third Circuit · 1956
  5. United States ex rel. Woodard v. DeahlCourt of Appeals for the Eighth Circuit · 1945

3Cited by9 opinions

  1. Robert Nolen Briggs v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  2. United States v. Stephen SpiroCourt of Appeals for the Third Circuit · 1967
  3. James Donald Edwards v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  4. Douglas C. Tuxworth v. Robert F. Froehlke, Secretary of the ArmyCourt of Appeals for the First Circuit · 1971
  5. United States v. BraniganDistrict Court, S.D. New York · 1969

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